NSA's Newfound Concern about Defendants' Rights under FISA
As WSJ reported it was going to do, NSA has requested that the FISA Court permit it to retain call data beyond the 5 year age-off date because of all the lawsuits it faces.
[T]he Government requests that Section (3)E of the Court's Primary…
Jan Brewer's Veto of SB-1062, Timing and Best Interests of Arizona
Yes, I framed the title of this article as if Governor Brewer has already vetoed the discriminatory piece of legislation known as SB-1062. Because it is a done deal and, frankly, has been from the start. I am thankful for all the support that…
FBI's Curious Silence about the Waltham Murders
Susan Zalkind, who has relentlessly followed the story of Ibragim Todashev, the friend of Tamerlan Tsarnaev whom FBI killed back in May, has a long story in Boston Magazine. The whole thing is worthwhile (though beware the disturbing pictures…
Why Are SSCI Members Asking So Many Questions about Torture?
By my count, Senate Intelligence Committee members asked CIA General Counsel nominee and Acting OLC Head Caroline Krass 3 questions, plus follow-ups, about torture (these are my summaries):
Udall 6: If you learned of a covert action that…
Jack Goldsmith's Still Active Presidential Dragnet Authorization
In the follow-up questions for CIA General Counsel nominee Caroline Krass, Ron Wyden asked a series of his signature loaded questions. With it, he pointed to the existence of still-active OLC advice -- Jack Goldsmith's May 6, 2004 memo on Bush's…
Preparations Underway for Zero Option in Afghanistan
As I posited yesterday, Pakistan appears to be putting together a US-style counterterrorism structure. This morning, we see even stronger hints that a full-blown military offensive against the Taliban may soon be launched by Pakistan. Although…
DOJ: Our Delayed Notice Doesn't Mean You Can Withdraw Your Plea
DOJ has now given a third defendant, Agron Hasbajrami, notice his prosecution was "derived from" Section 702.
The government submits this letter to supplement the government’s original Foreign Intelligence Surveillance Act (“FISA”) notice,…
Confirmed: DOJ Uses Section 702 to Get Title I FISA Warrants
In addition to the apparent miscommunication between Mark Udall and Acting (and presumably soon to be confirmed) DOJ National Security Division Head John Carlin, there was an even more telling exchange in today's hearing.
In it, Martin…
Does Acting National Security Division Head John Carlin Know about FISA Sections 703 and 704?
There were several curious exchanges in today's hearing for Acting National Security Division AAG John Carlin to become the official AAG.
I'll start with this exchange. (After 1:01, my transcription)
Udall: I want to talk about Executive…
In Sworn Declaration about Dragnet, NSA Changes Its Tune about Scope of "This Program"
I've been tracking the sudden effort on the part of NSA to minimize how much of the call data in the US it collects (under "this program," Section 215).
That effort has, unsurprisingly, carried over to its sworn declarations in lawsuits.
Along…
Is John Brennan Shaping Pakistan's New Counterterrorism Program?
There are now multiple reports (one of the earliest is here) that while the world was concentrating on a number of pressing developments in the Ukraine and elsewhere last week, John Brennan slipped into Pakistan to pay a quiet visit. The visit…
How to Avoid Rubber-Stamping another Drone Execution: Leave
NPR's Carrie Johnson reports that OLC head Virginia Seitz quietly left OLC before Christmas.
Virginia Seitz, who won Senate confirmation after an earlier candidate under president Obama foundered, resigned from federal service after two-and-a-half…
"It's Tough on My Family:" A Tale of Two Teachers
"It's tough on my family," James Clapper said in an interview with the Daily Beast of observations he's a liar. Especially his son, who is a high school teacher (though Clapper didn't explain why his profession led his son to internalize accusations…
Apple's Go to Fail Response
if you haven't already heard, Apple admitted to what has been discovered to be a serious security flaw on Friday.
Essentially, for some of the more careful kinds of security, the flaw would allow an attacker to conduct a Man-in-the-Middle…
Afghan Army Post in Kunar Province Overrun by Taliban, 21 Killed
[youtuber youtube='http://www.youtube.com/watch?v=RiVw94CuwGg']
In the worst attack in at least six months, Taliban fighters overran an Afghan army base in Kunar province near the Pakistan border, killing 21 Afghan soldiers who…
DOJ's Reaffirmation of Journalist NSLs and the Undiebomb 2.0 and StuxNet Investigations
Given Friday's news that DOJ's "new" media guidelines continue to permit FBI to use National Security Letters to obtain journalists' contact information, I'd like to return to the apparent results of two major leak investigations, those into…
El Chapo
Today, they announced the capture of Chapo Guzmán.
According to Mexico's el Universal, Sinaloa Cartel boss Chapo Guzmán was captured by authorities at 6:40 AM (it's unclear whether this is Mexico City or Mazatlán time, which are an hour…
DOJ Will Continue to Use NSLs to Get Journalist Contacts
For years, I have been harping on the language in FBI's Domestic Investigations and Operations Guide that permits DOJ to get journalists' contact information using NSLs because -- given that they are not warrants -- they need no Attorney General…
GAP, POGO, Experience Break-Ins
Jeff Stein has a troubling scoop that both the Government Accountability Project and POGO have been burgled -- POGO in recent weeks and GAP several years ago.
The POGO break-in seems of lesser concern, because they don't appear to have taken…
Did CIA Lie to DOJ about When They Tortured Hassan Ghul?
As I noted in January, comments Mark Udall made in the course of confirming Stephen Preston to be DOD General Counsel make it clear that CIA's lies about a detainee generally believed to be Hassan Ghul are one of the new revelations in the Torture…